Harold Kreager v. Blomstrom Oil Company
SD.202 , 298 N.W.2d 519 (1980)
Supreme Court of South Dakota
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GERKEN, Circuit Judge. Plaintiff, Harold Kreager, alleged in his complaint that he is the owner of a commercial crop spraying
service in Kennebec, Lyman County. On July 26, 1977, while plaintiff was attempting a take-off from his airstrip, the engine
failed. In the course of an emergency landing the plane crashed, resulting in damage to the plane, together with other consequential
damages. Plaintiff alleged that the engine failure was caused by the presence of water in the fuel supply, the fuel having
been purchased from defendant Blomstrom Oil Company (Blomstrom) and having been sold and delivered to plaintiff in Lyman County. Seeking to recover for damages to his plane as well as for his other losses, plaintiff commenced the present action, bringing
suit against both Blomstrom, a South Dakota corporation with its principal place of business at Winner, Tripp County, and
Texaco, Inc., a nonresident corporation, the manufacturer and refiner.